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Matthew v. Trikam Patel

Appellate Division of the Supreme Court of New York, First Department
Oct 29, 1996
232 A.D.2d 319 (N.Y. App. Div. 1996)

Opinion

October 29, 1996.

Order and judgment (one paper), Supreme Court, New York County (Jane Solomon, J.), entered on or about May 7, 1996, which, in a proceeding pursuant to CPLR article 78 to annul the respondents' determination terminating petitioner's probationary employment as an assistant chemist, granted respondent's motion to dismiss the petition for failure to state a cause of action, unanimously affirmed, without costs.

Before: Sullivan, J. P., Milonas, Rubin, Williams and Andrias, JJ.


Contrary to petitioner's claim, Rules of the New York City Department of Personnel (59 RCNY, Appendix A) rule 5.2.7 (c) (1) allows for the termination of a probationary employee, appointed from a competitive class, after the minimum period of two months of employment. Therefore, judicial review is limited to whether the dismissal was in bad faith ( see, Matter of Johnson v Katz, 68 NY2d 649). Since the petition fails to allege facts in support of its conclusory claim of discrimination or otherwise show bad faith, the proceeding was properly dismissed.


Summaries of

Matthew v. Trikam Patel

Appellate Division of the Supreme Court of New York, First Department
Oct 29, 1996
232 A.D.2d 319 (N.Y. App. Div. 1996)
Case details for

Matthew v. Trikam Patel

Case Details

Full title:MATTHEW A. MORALES, Appellant, v. TRIKAM PATEL et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 29, 1996

Citations

232 A.D.2d 319 (N.Y. App. Div. 1996)
648 N.Y.S.2d 574

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